Name: Sununu confident NH will win suit vs. Mass.
Brand: unionleader.com
SKU: unionleader-com-24
Availability: OnlineOnly

critic

Sununu confident NH will win suit vs. Mass.

preview

You are the owner of this article.You have permission to edit this article.Gov. Chris Sununu speaks at a news conference Monday on the lawsuit the state is filing against Massachusetts in the U.S. Supreme Court. Also pictured is Attorney General Gordon MacDonald.Gov. Chris Sununu speaks at a news conference Monday on the lawsuit the state is filing against Massachusetts in the U.S. Supreme Court.Attorney General Gordon MacDonald holds up the complaint his office is filing against Massachusetts in the U.S. Supreme Court. Also pictured is Gov. Chris Sununu.Gov. Chris Sununu speaks at a news conference Monday on the lawsuit the state is filing against Massachusetts in the U.S. Supreme Court. Also pictured is Attorney General Gordon MacDonald.Gov. Chris Sununu speaks at a news conference Monday on the lawsuit the state is filing against Massachusetts in the U.S. Supreme Court.Attorney General Gordon MacDonald holds up the complaint his office is filing against Massachusetts in the U.S. Supreme Court. Also pictured is Gov. Chris Sununu.CONCORD — Gov. Chris Sununu said Monday he’s confident the U.S. Supreme Court will strike down as unconstitutional the state of Massachusetts imposing income taxes on employees working from home in New Hampshire due to COVID-19.In the 79-page lawsuit, Attorney General Gordon MacDonald and other state lawyers maintain the Massachusetts tax rule violates the commerce and due process clauses of the U.S. Constitution.“In the middle of a global pandemic, Massachusetts has launched a direct attack on the defining feature of the New Hampshire advantage and has taken actions to undermine New Hampshire’s sovereignty,” Sununu said at a news conference outside MacDonald’s office.The suit asks the justices to strike down the tax rule and make Massachusetts refund any paid income taxes plus interest to all affected workers.“We are going to win,” Sununu said.MacDonald said the U.S. Supreme Court is the only venue to resolve a dispute between two or more states, and this is a case of “original jurisdiction,” meaning it’s a controversy the court has yet to consider.“We expect to have an answer about whether the U.S. Supreme Court will take this case, hopefully by the end of the year,” MacDonald said.If the Supreme Court decides to take it up, it will likely appoint a special master to review briefs, hear oral arguments and then issue a decision on the matter.The Massachusetts Department of Revenue adopted the rule on a temporary basis last April, and made it permanent last Friday.The rule states it ends this Dec. 31 or 20 days after Massachusetts Gov. Charlie Baker declares the COVID-19 emergency is over.But Sununu said he fears officials in that state will continue collecting income taxes in this manner unless it is judged to be illegal.Sununu said he tried to resolve the dispute without having to go to court.“Unfortunately, our proposals have fallen on deaf ears,” Sununu said. “Massachusetts cannot balance its budget on the backs of our citizens.”Massachusetts finance officials have said there’s a sound legal basis for its tax rule and it could withstand any legal challenge.In a statement Monday, they said the rule was similar to one other states have adopted and declined comment on the lawsuit.Before the pandemic, New Hampshire residents working for Massachusetts-based companies paid income taxes based on the number of days they worked in that state.So if someone worked 240 days a year for a firm but spent only 80 days at that business, a third of the worker’s income was subject to the Massachusetts income tax“Under the Tax Rule, New Hampshire residents are taxed as though they are traveling to and working in Massachusetts — even if they never set foot in the state,” the lawsuit stated.Sununu said about 80,000 state residents work in Massachusetts, while another 20,000 work in other New England states.According to the lawsuit, 103,000 residents of New Hampshire, or 15 percent of the state’s work force, were employees of Massachusetts companies in 2017.Prior to becoming CEO of the Waterville Valley Resort, Sununu said he paid Massachusetts income taxes while working for an engineering consulting firm in that state.“If you are living and working in the state and not taking advantage of the services of Massachusetts, there is no ground to be taxing the individuals of other states,” Sununu said. “You can’t be taxing citizens if effectively, you are sending them home.”According to the suit, state taxes are legal under the Constitution’s commerce clause if they have a “substantial nexus” to the home state, are fairly apportioned, are not discriminatory and if they are related to services provided in that state.“The tax rule fails all four prongs,” the lawsuit maintained.The lawsuit relies in part on a 1992 Supreme Court decision that found a $22 million New Hampshire tax on the Seabrook nuclear power plant was unconstitutional. The states of Connecticut, Massachusetts and Rhode Island all sued and charged that tax was unfairly levied on out-of-state electricity ratepayers.In response, New Hampshire lawmakers repealed the tax and replaced it with one imposed on utility property.© Copyright 2022 , 100 William Loeb Drive Manchester, NH&nbsp;| &nbsp;|Powered by from .Sorry, an error occurred.You are logged in&nbsp;Sign up withThank you .Your account has been registered, and you are now logged in.Check your email for details.Sign in withSubmitting this form below will send a message to your email with a link to change your password.An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account.×Thank you.Your purchase was successful, and you are now logged in.Rate:Begins:Ends:Transaction ID:A receipt was sent to your email.

You are the owner of this article.You have permission to edit this article.Gov. Chris Sununu speaks at a news conference Monday on the lawsuit the state is filing against Massachusetts in the U.S. Supreme Court. Also pictured is Attorney General Gordon MacDonald.Gov. Chris Sununu speaks at a news conference Monday on the lawsuit the state is filing against Massachusetts in the U.S. Supreme Court.Attorney General Gordon MacDonald holds up the complaint his office is filing against Massachusetts in the U.S. Supreme Court. Also pictured is Gov. Chris Sununu.Gov. Chris Sununu speaks at a news...

Sununu confident NH will win suit vs. Mass.

No article scores yet.

CRITIC REVIEWS

PUBLIC REVIEWS